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(영문) 울산지방법원 2018.01.31 2017가합595
부동산소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a child of the deceased C (hereinafter “the deceased”) and is one of the co-inheritors of the deceased, and the Defendant is a clan with D 18 years old E (165~1667) as a co-inheritors, and the descendants of which are the descendants.

B. The deceased, F, G, and H completed the registration of ownership transfer by the Ulsan District Court No. 17352, Sept. 25, 1970, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (No. 2111, Dec. 19, 208) on the ground of sale on January 15, 1958, with respect to one-fourths of each of 1/4 shares in the Ulsan-gun, Ulsan-gun, U.S., the 9th 6th Ma-gun 6th Ma of the I Forest in Ulsan-gun, the area conversion, administrative district alteration, etc. (hereinafter “real estate before the instant subdivision”).

On November 2, 1984, H died on November 2, 1984, and 1/4 of his/her co-ownership shares were inherited by J, K, L, M, N,O, P (hereinafter “H’s heir”). Among co-owners, G died on February 24, 1985 and 1/4 of his/her co-ownership was succeeded by Q, R, S, T, U, and V (hereinafter “G’s heir”).

The Deceased died on March 5, 1973, and his inheritor, including the Plaintiff, did not make a registration of inheritance.

C. The Defendant filed a claim for the registration of ownership transfer on the ground of cancellation of title trust with the Ulsan District Court (At the time Busan District Court’s Busan District Court’s Ulsan Branch) No. 88Da4620 against the deceased, F, H’s successors, and G’s successors, registered as the owner of the instant real estate before the instant partition, and received a favorable judgment on September 14, 198 from the said court (hereinafter “instant judgment”).

According to the instant judgment, the Defendant completed the registration of ownership transfer by the Ulsan District Court No. 2135, Nov. 10, 1988 regarding the real estate prior to the instant partition.

Since then, on January 14, 1989, the real estate prior to the instant subdivision was divided into 827 square meters of W forest, X 1,376 square meters of forest, Y 3,584 square meters of forest, 7,807 square meters of forest, AA AA forest, 1,018 square meters of forest, 2,774 square meters of AB forest, and 751 square meters of AC forest, and on November 4, 2016, 33,216 square meters of AD forest, and 216 square meters of forest.

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